BHOPINDER SINGH DHILLON, J.

1. Labh Singh appellant filed a suit claiming superior right of pre-eruption over the land in dispute. The said suit was decreed by the learned trial Court on May 27, 1971, subject to the total payment of Rs. 28,881.50. The learned trial Judge directed that the plaintiff should deposit the pro-eruption amount after deducting the 1/5th pre-eruption amount already deposited by 10th July, 1971. The plaintiff-appellant deposited a sum of Rupees 23,481.50 P. on 7th July, 1971. This amount is admittedly short by a sum of Rs. 200 as he was required to deposit Rs. 23,681.50 P. i.e., Rs. 28,881.50 less 1/5th amount of pre-emption already deposited. The vendees challenged the judgment and decree of the learned trial Court. The appeal was filed on 7th June, 1971. The vendees prayed for stay of dispossession during the pendency of the appeal which prayer was allowed on 8th June, 1971, by the first Appellate Court. The said appeal was dismissed on 18th Aug., 1972. The appellant then filed an application for the execution of the preemption decree and was put in possession of the land in dispute on 2nd Dec., 1972. When the vendees went to withdraw the pre-empti